Pensacola, FL asked in Animal / Dog Law, Copyright, Intellectual Property and Trademark for Florida

Q: I want to start an animal rescue. How do I trademark the name or copyright it so no one else can use it?

Don't want to get sued if someone else uses the name either.

1 Lawyer Answer
Thomas James
Thomas James
  • Trademarks Lawyer
  • Cokato, MN

A: A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal registration is strong recommended, for several reasons, the primary one being that otherwise you only get protection within the geographic area of trade in which you have operated and become known. Federal registration protects your exclusive right to use it throughout the country. Federal registration is through the USPTO. You should do a trademark search first before applying. I also strongly recommend retaining a trademark attorney to help you.

Jane Kim agrees with this answer

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.